PREMISES AFFECTED - 2223 Avenue M , Borough of Brooklyn

PREMISES AFFECTED - 2223 Avenue "M", Borough of Brooklyn.

310-03-BZ

CEQR#04-BSA-060K

APPLICANT - Sheldon Lobel, P.C., for Albert Dweck, owner.

SUBJECT - Application October 6, 2003 - under Z.R. §73-622 to permit the proposed enlargement to an existing one family dwelling, Use Group 1, located in an R2 zoning district, which does not comply with the zoning requirements for floor area ratio and open space ratio, is contrary to Z.R.§23-141.

PREMISES AFFECTED - 2223 Avenue "M", corner of East 23rd Street, Block 7640, Lot 1, Borough of Brooklyn.

COMMUNITY BOARD #14BK

APPEARANCES -

For Applicant Richard Lobel.

ACTION OF THE BOARD - Application granted on condition.

THE VOTE TO GRANT -

Affirmative: Vice-Chair Babbar, Commissioner Caliendo and Commissioner Miele...... 3

Negative:...... 0

Abstain: Chair Srinivasan...... 1

Absent: Commissioner Chin...... 1

THE RESOLUTION

WHEREAS, the decision of the Borough Commissioner, dated September 10, 2003, acting on Application No. 301626701 reads:

"THE PROPOSED ENLARGEMENT OF THE EXISTING ONE FAMILY RESIDENCE IN AN R2 ZONING DISTRICT:

1.CREATES NONCOMPLIANCE WITH RESPECT TO FLOOR AREA RATIO BY EXCEEDING THE ALLOWABLE FLOOR AREA RATIO AND IS CONTRARY TO SECTION 23141 OF THE ZONING RESOLUTION.

2.CREATES NONCOMPLIANCE WITH RESPECT TO THE OPEN SPACE RATIO AND IS CONTRARY TO SECTION 23141 OF THE ZONING RESOLUTION."; and

WHEREAS, a public hearing was held on this application on January 13, 2004, laid over to February 10, 2004 for decision; and

WHEREAS, the premises and surrounding area had site and neighborhood examination by a committee of the Board consisting of ViceChair Satish Babbar, Commissioner James Chin, Commissioner Peter Caliendo and Commissioner Joel Miele; and

WHEREAS, a special permit is sought under Z.R. §73622 to permit the proposed enlargement of an existing singlefamily dwelling in an R2 zoning district, which creates noncompliance with regard to floor area ratio and open space ratio, contrary to Z.R §23141; and

WHEREAS, the subject zoning lot is a corner lot located at the southwest corner of the intersection formed by Avenue M and East 23rd Street; and

WHEREAS, the applicant represents that the proposed enlargement will not create any noncompliance with regard to side yards; and

WHEREAS, the perimeter wall height will comply with all applicable zoning regulations; and

WHEREAS, the Board finds that the proposed enlargement will not alter the essential character of the surrounding neighborhood nor will it impair the future use and development of the surrounding area; and

WHEREAS, the Board finds that, under the conditions and safeguards imposed, any hazard or disadvantage to the community at large due to the proposed special permit use are outweighed by the advantages to be derived by the community; and

WHEREAS, the proposed project will not interfere with any pending public improvement project; and

WHEREAS, the Board has determined that the evidence in the record supports the findings required to be made under Z.R. §§73622 and 7303.

Resolved that the Board of Standards and Appeals issues a Type II determination under 6 NYCRR Part 617 of the Rules of Procedure for City Environmental Quality Review and makes the required findings under Z.R. §73622 to permit the proposed enlargement of an existing singlefamily dwelling in an R2 zoning district, which creates noncompliance with regard to floor area ratio and open space ratio, which is contrary to Z.R §23141, on condition that all work shall substantially conform to drawings as they apply to the objection abovenoted, filed with this application marked "Received October 6, 2003"(2) sheets and "November 19, 2003" (10) sheets; and on further condition;

THAT there shall be no habitable room in the cellar;

THAT the premises shall be maintained free of debris and graffiti;

THAT any graffiti located on the premises shall be removed within 48 hours;

THAT the above conditions shall appear on the certificate of occupancy;

THAT the use and layout of the cellar shall be as approved by the Department of Buildings;

THAT this approval is limited to the relief granted by the Board in response to specifically cited and filed DOB/other jurisdiction objection(s) only; no approval has been given by the Board as to the use and layout of the cellar;

THAT the approved plans shall be considered approved only for the portions related to the specific relief granted;

THAT the Department of Buildings must ensure compliance with all other applicable provisions of the Zoning Resolution, the Administrative Code and any other relevant laws under its jurisdiction irrespective of plan(s) and/or configuration(s) not related to the relief granted;

THAT substantial construction be completed and a new Certificate of Occupancy be obtained within four (4) years of this grant.

Adopted by the Board of Standards and Appeals, February 10, 2004.